Wednesday, February 06, 2008
12 hour Impound after DUI in the San Juan Islands
San Diego DUI attorney news
Arrested for DUI, car will be impounded for 12 hours
02/06/2008
Orcas Island tow truck operator Usek Suseol has been working since 2001 to convince the county to pass a law to prevent drunk drivers from driving their cars home after being arrested. Yesterday, five San Juan County Councilmembers voted for an impoundment ordinance. Councilmember Bob Myhr abstained. Drivers arrested for driving while under the influence of drugs or alcohol won't be able to get their cars back for 12 hours.
There were 83 driving under the influence of alcohol arrests in the county in 2007 and 63 driving while license suspended or revoked arrests which would be subject to the impoundment ordinance.
Prosecutor Randy Gaylord drafted the ordinance after researching ordinances from other jurisdictions and case law. The ordinance lists grounds for impoundment and the length time. The ordinance goes into effect 10 days after adoption - Feb. 15.
Suseol told the council Tuesday, "This keeps the driver away from the vehicle. Fortunately I don't know of any secondary accidents happening at this point. There is a case in Bellingham right now. A woman was arrested for a dui. She blew a .124. (.08 is legally drunk) and was driven home by police officers. Two hours later she was in a head on collision and put another woman in a wheelchair. She blew a .240. The victim is suing the (Whatcom) county and the state patrol for $10 million."
In an interview after the public hearing, Sheriff Bill Cumming said, "This provides us with another tool to improve safety, to make sure qualified drivers are on the road."
For the islands without tow truck operators, boots may be purchased and used. There are provisions to take into account the needs of the family. Early release of the vehicle is possible for personal or economic hardshipby submitting an application to the sheriff.
Charge length of impoundment
DUI 12 hours
3rd degree - driving with license suspended or revoked first time - no penalty
--------------------------------------------------------------------------------
second time - 15 days
2nd degree dwlsr first time - 30 days
--------------------------------------------------------------------------------
one prior - 60 days
--------------------------------------------------------------------------------
two priors - 90 days
1st degree - driving with license suspended or revoked same as second degree
Arrested for DUI, car will be impounded for 12 hours
02/06/2008
Orcas Island tow truck operator Usek Suseol has been working since 2001 to convince the county to pass a law to prevent drunk drivers from driving their cars home after being arrested. Yesterday, five San Juan County Councilmembers voted for an impoundment ordinance. Councilmember Bob Myhr abstained. Drivers arrested for driving while under the influence of drugs or alcohol won't be able to get their cars back for 12 hours.
There were 83 driving under the influence of alcohol arrests in the county in 2007 and 63 driving while license suspended or revoked arrests which would be subject to the impoundment ordinance.
Prosecutor Randy Gaylord drafted the ordinance after researching ordinances from other jurisdictions and case law. The ordinance lists grounds for impoundment and the length time. The ordinance goes into effect 10 days after adoption - Feb. 15.
Suseol told the council Tuesday, "This keeps the driver away from the vehicle. Fortunately I don't know of any secondary accidents happening at this point. There is a case in Bellingham right now. A woman was arrested for a dui. She blew a .124. (.08 is legally drunk) and was driven home by police officers. Two hours later she was in a head on collision and put another woman in a wheelchair. She blew a .240. The victim is suing the (Whatcom) county and the state patrol for $10 million."
In an interview after the public hearing, Sheriff Bill Cumming said, "This provides us with another tool to improve safety, to make sure qualified drivers are on the road."
For the islands without tow truck operators, boots may be purchased and used. There are provisions to take into account the needs of the family. Early release of the vehicle is possible for personal or economic hardshipby submitting an application to the sheriff.
Charge length of impoundment
DUI 12 hours
3rd degree - driving with license suspended or revoked first time - no penalty
--------------------------------------------------------------------------------
second time - 15 days
2nd degree dwlsr first time - 30 days
--------------------------------------------------------------------------------
one prior - 60 days
--------------------------------------------------------------------------------
two priors - 90 days
1st degree - driving with license suspended or revoked same as second degree
# posted by SanDiegoDUI @ 4:02 PM 
| This website & linked blog is made available by this law firm for general information purposes only and to provide a general understanding of the law, not to provide legal advice. Readers of this website/blog are cautioned that reading the website/blog does not create a lawyer-client relationship between the reader and this law firm. |
